NCUA Beefs Up Appeals Info, MBL Guidance and Risk Evaluation

Based on feedback from credit unions, the NCUA has beefed up resources for credit unions to appeal exams and communicate with examination staff, the regulator said this week.

Letter 13-CU-01 shared the NCUA’s 2013 supervisory focus, which includes improved consistency, better risk management, and more clarity and guidance to examiners and credit unions.

According to the letter issued Thursday, CU Online and the pre-examination planning letter will now provide information on how to contact a credit union’s assigned examiner and supervisory examiner, and will provide an electronic notice if the information changes.

Additionally, formal and informal appeal options available to credit unions have been added to the exam report cover letter.

The change follows an exam appeal by the $32 million Commodore Perry FCU that was elevated to the Supervisory Review Committee. Commodore Perry officials have been critical of the appeals process.

NCUA Chairman Debbie Matz granted the Oak Harbor, Ohio, credit union a 60-day appeal extension in January; the new deadline is March 18.

The NCUA also said it will publish enhanced guidance for member business lending, credit ratings and troubled debt restructurings. Credit unions can expect a supervisory letter regarding MBL waiver requests, specifically focusing on waivers for personal guarantees and blanket waivers versus individual loan waivers.

The NCUA Board in May revised troubled debt restructuring rules, requiring MBLs to include a personal guarantee. The guidance will also focus on appropriate underwriting and credit monitoring systems for MBLs.

Finally, examiners will evaluate a credit union’s capacity to manage operational risk and the balance sheet. Operational risk focus will include technology like remote deposit capture, mobile banking and social media, and internal controls.

Examiners will also review a credit union’s expertise and risk-mitigation controls when offering less established products like private student loans or investments associated with credit union-funded employee benefit programs that would otherwise be impermissible.

The letter from Matz was sent to CEOs and directors and is available on the NCUA’s website.